12391400Section 50C Capital gains Sale of property vis-a-vis stamp duty value Retrospectivity of third proviso to Section 50C ... -- Assessee, a non-resident, sold her property and it was established that there was a 6.55% variation in the sale consideration to the stamp duty value which was brought to tax by the AO and upheld by the Commissioner (Appeals). On higher appeal, it was the case of the assessee that the variation being only marginal to the tune of 6.55% the safe harbour limit of 5% and 10% subsequently introduced by the third proviso in the subsequent years be applied retrospectively in their case from a beneficia......
2021 TaxPub(DT) 0386 (Mum-Trib) : (2021) 085 ITR (Trib) 0674 Maria Fernandes Cheryl v. ITO (International Taxation) In favour of Assessee, Mum-Trib, 2011-12, ITA No. 4850/Mum/2019, 15-Jan-2021

12391500Section 9(1) Income deemed to accrue or arise in India Royalty Assessee not having PE in India Receipts from sales made through distributors/re-sellers, whether constitutes business income or royalty income ... -- Assessee, a US resident, was selling its copyrighted software in India through its Indian arm and through distribution agreements entered into with distributors and retailers. It was the case of the revenue that this distribution brought forward royalty income on the sale of the software licences and thus subjected assessee to tax in India. On higher appeal, DRP upheld the views of the AO bereft the case of the assessee in earlier assessment years before ITAT which held that the said distributio......
2021 TaxPub(DT) 0387 (Pune-Trib) Norton Lifelock Inc. v. DCIT In favour of Assessee, Pune-Trib, 2014-15, ITA No. 2452/PUN/2017, 11-Jan-2021

12366100Section 90 Double taxation relief Agreement between India and Sweden Fees for technical service ... -- Assessee purchased SAP software licence from a third party and provided SAP software and licence to Indian associate on |cost-to-cost basis. AO held that payment received by assessee was taxable in the hands of assessee as fee for technical services under article 1 of Indo-Swedish DTAA. Held: Just because the Indian entity was interacting with project leader and getting inputs from him did not mean that the Indian entity was transferred the technology of being a project leader of this type and ......
2021 TaxPub(DT) 0245 (Mum-Trib) : (2021) 085 ITR (Trib) 0607 SCA Hygiene Products AB v. Dy. CIT (International Taxation) In favour of Assessee, Mum-Trib, 2015-16, ITA No. 7315/Mum/2018, 08-Jan-2021

12364300Section 143(3) Section 142(1) Section 144C(13) Section 240 Section 254 Section 72 Section 70 Section 154 ... -- 2021 TaxPub(DT) 0227 (Mum-Trib) Shelf Drilling Ron Tappmeyer Ltd. v. Dy. CIT (International Taxation) Mum-Trib, 2016-17 & 2017-18, ITA Nos. 1889 to 1892 (Mum) of 2020, 05-Jan-2021

12344200Section 90 Double taxation relief Agreement between India and UK Surcharge and education cess, whether could be added to connotation of tax when calculated as per DTAA ... -- Question arose for consideration was whether surcharge and education cess could be connotation of tax calculated as per DTAA. Held: Surcharge and education cess could not be added to connotation |tax| when same was calculated as per DTAA.
2021 TaxPub(DT) 0146 (Mum-Trib) Buro Happold Ltd. v. DCIT In favour of Assessee, Mum-Trib, ITA No. 834/Mum/2019, 30-Dec-2020

12237300Section 143(3) Section 144 Section 115A Section 115A(1) Section 9(1)(i) Section 205 Section 115A(5) Section (1) Section 5(2) Section 92F(iiia) Section 153 Section 2(31) Section 292B Section 139(1) Section 4 Section 2(23A) Section 6(4) Section 90(2) Section 92F(iii) ... -- 2020 TaxPub(DT) 5140 (Mum-Trib) : (2020) 208 TTJ 1081 DZ Bank AG India Representative Office v. Dy. CIT (International Taxation) In favour of Assessee, Mum-Trib, 2014-15, ITA No. 1815/Mum/18, 04-Dec-2020

12247500Section 195 Tax deduction at source Under Section 195 Payment of subscription charges in resepct of business carried on overseas ... -- Assessee company, engaged in the business of Global Technical, implementation and service opportunities in Identity and Access Management Solutions, claimed deduction of subscription charges paid to non-resident. AO treated the payment as royalty and disallowed deduction for want of TDS under section 195. Assessee pleaded that USA branch was carrying on business separately and subscription services were exclusively used by it and, therefore, concerned payment was not liable to TDS. Held: In term......
2020 TaxPub(DT) 5235 (Bang-Trib) Ilantus Technologies (P) Ltd. v. Dy. CIT Matter Remanded, Bang-Trib, ITA No. 2358/Bang/2018, 02-Dec-2020

12214200Section 90 Double taxation relief Agreement between India and Sweden Fees for technical services Consideration received by non-resident assessee towards intermediary services ... -- Assessee, based at Sweden, rendered intermediary services like marketing, sales, business development, project management, customer services, etc., and had received fees for intermediary services. AO taxed the same as fees for technical services. Held: Intermediary services rendered by assessee did not make available any technical knowledge, skill, etc., to an Indian entity which was not equipped to apply technology contained in services rendered by assessee. Therefore, intermediary services f......
2020 TaxPub(DT) 5005 (Del-Trib) DCIT v. Bombardier Transportation Sweden AB In favour of Assessee, Del-Trib, 2012-13, ITA Nos. 4185 & 4448/Del/2018, 27-Nov-2020

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